Bill Summary for S 53 (2017-2018)

Summary date: 

Apr 25 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 53 (Public) Filed Wednesday, February 8, 2017
AN ACT TO AUTHORIZE A LAW ENFORCEMENT OFFICER TO OBTAIN CUSTODY OF A CHILD UPON DETERMINATION BY THE COURT THAT THE CHILD IS IN DANGER.
Intro. by J. Davis.

View: All Summaries for BillTracking:

Bill summary

Senate committee substitute makes the following changes to the 1st edition:

Replaces proposed amendment to GS 50-13.5 with an amendment requiring temporary custody orders requiring a law enforcement officer to take physical custody of a minor child to be accompanied by a Warrant to Take Physical Custody of a Minor Child.

Amends GS 50-13.3, authorizing any court having jurisdiction to make an award of custody of a minor child to issue a Warrant to Take Physical Custody of a Minor Child upon the filing of a verified application for the warrant alleging that the child is in imminent danger of serious physical harm or of being removed from the State.

Amends GS 50A-311 (Warrant to take physical custody of a child). Directs the court to make its finding that a less intrusive remedy is not reasonably available (currently, not effective) on the basis of the petition and request for custody or the testimony of the petitioner (currently just testimony of the petitioner). Authorizes law enforcement officers to take physical custody of the child or children (currently just child). Authorizes the law enforcement officer to use reasonable force as necessary to effectuate the terms and purposes of the order or warrant for custody, and does not require the officer to inquire into the regularity or continued validity of the order. Protects the officer from criminal or civil liability for his or her service.

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view